I'm an Outlaw!

[Little6pack]

Yup, being a landlord sucks. I have one tenant that is under court order to move this weekend, after not paying rent for a year. If not, then I have to go back to court to get an execution and the sheriff will remove them. Then I have to hire professional movers and pay for storage for a month. The court ordered them to repay the 7k in back rent at 25 dollars a month (what a joke). Her mother lives on the second floor and decided to call the code department for some water stained drop tiles. I can't wait for the friggin real estate market to break just a little. This will be the third eviction in 18 months and it is just one building with 3 units.

I feel your PAIN & IN MASS the tennant has all the rights!

I remember in one of my condos the girl called me to replace a light buldb in the stove. At least back then they just left.

 

[GNBRETT]

You need to contact the State Attorney General and report prosucutorial misconduct... The prosecutor should have recused himself.

This was clearly a civil issue and a criminal court has no jurisdiction.

Exactly what I was going to say! There is an ethics commission that oversees states attorneys.

That is complete bullchit Adam. Your not the type of person to bullchit anyone and you always show class so im sorry to see that you got taken like that.

I deal with those type of calls for a living. I am certified to teach Landlord/Tenant law and am extremely familiar with it. Probably as much as any attorney. I can tell you without a shadow of a doubt that you got hosed!

Are you saying also that you have a written contract stating the deposit was non-refundable? If that is so I can tell you with 100% certainty the police are wrong and full of chit!

Anytime a citizen comes to the police for case like that we always refer them to the civil court. It's a contract between two citizens and any violation of that is a breach of contract, not law. A Tort is a whole different ball game and has no place in the police department.

Not to mention, if the police WERE going to entertain this incident they would have to contact you personally to conduct an investigation. That is police 101...

So in order to get an arrest warrant signed by a judge which first needs to be brought to a prosecutor they would have to describe in the affidavid what your version of events were and why and how they have now developed probable cause.

Even if it was not written, a verbal contract is still binding in a court of law and belongs in civil court either way.

Are you telling me that warrant is going to read that this person came to the PD and stated he gave you $1100 and you stole his money and never returned it?

It is simply not feasable that any arrest warrant would not indicate your version of events and how the police have now debunked it or refuted it and therefore now believe they have developed enough PC to apply for an arrest warrant.

They don't have that. Trust me.

I think the DC is bullchiten you and saying if you don't make restitution you are going to be arrested vs. I have this arrest warrant sitting on my desk. I'm still not sure how or why they would come to that conclusion if you had a written contract stating it was nonrefundable but whatever.

If there was a warrant already signed by a judge it would now have to be served. You don't get to pick and choose.

The DC can't just decide on his own that he is going to vacate a warrant from NCIC..... that is laughable! It doesn't work like that anywhere.

Charges like that would be felonious in nature and would have to be served by state statute. State statute mandates that you SHALL arrest for felony charges. He never had chit on his desk. He had a note from ur buddy the prosecutor advising the DC to put some pressure on you. That's what he had on his desk probably....

I would seek out a good civil rights attorney immediately and seek your own restitution and much more. That case is a home run for any decent civil rights attorney.

The Police imo have stepped over their authority and intimidated you into paying up or getten arrested. When the police function outside the color of law they are now stepping on ones civil rights and subject to arrest themselves.

That's just my $.02 Adam. I would not be satisfied with how that ended. You were forced to pay for something that you did not have to pay for or face jail. FBI drools over cases like this where they can show a history between a prosecutor and a target like you. Very unethical.

Prosecutors think they are impervious to punishment because they are at the top of the food chain. Lol... They are human just like you.

Don't think because they are the Police that they know better either. Trust me, they need to be questioned more often then you think due to their incompetence. Especially down there I hate to say.

 

[V8Assassin]

All I can say is congrats on kicking his ass along time ago. I guess he cries about is still.

Thanks, I was just sitting here thinking how enjoyable that was :biggrin:

Yup, being a landlord sucks. I have one tenant that is under court order to move this weekend, after not paying rent for a year. If not, then I have to go back to court to get an execution and the sheriff will remove them. Then I have to hire professional movers and pay for storage for a month. The court ordered them to repay the 7k in back rent at 25 dollars a month (what a joke). Her mother lives on the second floor and decided to call the code department for some water stained drop tiles. I can't wait for the friggin real estate market to break just a little. This will be the third eviction in 18 months and it is just one building with 3 units.

Why so long to get out. We try to handle all those type things with mail, either certified or just regular. We send out a reminder to everyone on the 25th that the 1st is only a week away, then again on the first, and on the third an eviction is filed for 30 days (state law), if they pay it with the late fee they stay, if not we go to justice court (civil) and let the judge decide. In MS, if they have had to be notified once in a six month period the time frame decreases from 30 days to 14 days.

This is such a screwed up situation because the prosecutor let it go to criminal court. I have found, and been reminded today, that it is a paperwork war, whoever can substantiate themselves with documents wins.

I feel your PAIN & IN MASS the tennant has all the rights!

I remember in one of my condos the girl called me to replace a light buldb in the stove. At least back then they just left.

I can't complain about the laws in the state code, they are written fairly, it's just getting the authorities to enforce those laws as they are written, not as they are in the mood too.

Yeah, I get the late night calls every now and then, I used to have an elderly lady who would stop up the toliets just to get someone to come visit. I never said anything, just went and visited for a couple of hours and left.

I can't complain about what I do too much, I have been very blessed to have the things I do and have the opportunity to work for myself. Sometimes it's a real pain, but overall I wouldn't have it any other way.

 

[scot w.]

Exactly what I was going to say! There is an ethics commission that oversees states attorneys.

That is complete bullchit Adam. Your not the type of person to bullchit anyone and you always show class so im sorry to see that you got taken like that.

I deal with those type of calls for a living. I am certified to teach landlord/Tenant law and am extremely familiar with it. Probably as much as any attorney. I can tell you without a shadow of a doubt that you got hosed!

Are you saying also that you have a written contract stating the deposit was non-refundable? If that is so I can tell you with 100% certainty the police are wrong and full of chit!

Anytime a citizen comes to the police for case like that we always refer them to the civil court. It's a contract between two citizens and any violation of that is a breach of contract, not law. A Tort is a whole different ball game and has no place in the police department.

Not to mention, if the police WERE going to entertain this incident they would have to contact you personally to conduct an investigation. That is police 101...

So in order to get an arrest warrant signed by a judge which first needs to be brought to a prosecutor they would have to describe in the affidavid what your version of events were and why and how they have now developed probable cause.

Even if it was not written, a verbal contract is still binding in a court of law and belongs in civil court either way.

Are you telling me that warrant is going to read that this person came to the PD and stated he gave you $1100 and you stole his money and never returned it?

It is simply not feasable that any arrest warrant would not indicate your version of events and how the police have now debunked it or refuted it and therefore now believe they have developed enough PC to apply for an arrest warrant.

They don't have that. Trust me.

I think the DC is bullchiten you and saying if you don't make restitution you are going to be arrested vs. I have this arrest warrant sitting on my desk. I'm still not sure how or why they would come to that conclusion if you had a written contract stating it was nonrefundable but whatever.

If there was a warrant already signed by a judge it would now have to be served. You don't get to pick and chose.

The DC can't just decide on his own that he is going to vacate a warrant from NCIC..... that is laughable! It doesn't work like that anywhere.

Charges like that would be felonious in nature and would have to be served by state statute. State statute mandates that you SHALL arrest for felony charges. He never had chit on his desk. He had a note from ur buddy the prosecutor advising the DC to put some pressure on you. That's what he had on his desk probably....

I would seek out a good civil rights attorney immediately and seek your own restitution and much more. That case is a home run for any decent civil rights attorney.

They Police imo have stepped over their authority and intimidated you into paying up or getten arrested. When the police function outside the color of law they are now stepping on ones civil rights and subject to arrest themselves.

That's just my $.02 Adam. I would not be satisfied with how that ended. You were forced to pay for something that you did not have to pay for or face jail. FBI drools over cases like this where they can show a history between a prosecutor and a target like you. Very unethical.

Prosecutors think they are impervious to punishment because they are at the top of the food chain. Lol... They are human just like you.

Don't think because they are the Police that they know better either. Trust me, they need to be questioned more often then you think due to their incompetence. Especially down there I hate to say.

VERY well said Brett and good information at that..

SW.

 

[V8Assassin]

Exactly what I was going to say! There is an ethics commission that oversees states attorneys.

That is complete bullchit Adam. Your not the type of person to bullchit anyone and you always show class so im sorry to see that you got taken like that.

I deal with those type of calls for a living. I am certified to teach Landlord/Tenant law and am extremely familiar with it. Probably as much as any attorney. I can tell you without a shadow of a doubt that you got hosed!

Are you saying also that you have a written contract stating the deposit was non-refundable? If that is so I can tell you with 100% certainty the police are wrong and full of chit!

Anytime a citizen comes to the police for case like that we always refer them to the civil court. It's a contract between two citizens and any violation of that is a breach of contract, not law. A Tort is a whole different ball game and has no place in the police department.

Not to mention, if the police WERE going to entertain this incident they would have to contact you personally to conduct an investigation. That is police 101...

So in order to get an arrest warrant signed by a judge which first needs to be brought to a prosecutor they would have to describe in the affidavid what your version of events were and why and how they have now developed probable cause.

Even if it was not written, a verbal contract is still binding in a court of law and belongs in civil court either way.

Are you telling me that warrant is going to read that this person came to the PD and stated he gave you $1100 and you stole his money and never returned it?

It is simply not feasable that any arrest warrant would not indicate your version of events and how the police have now debunked it or refuted it and therefore now believe they have developed enough PC to apply for an arrest warrant.

They don't have that. Trust me.

I think the DC is bullchiten you and saying if you don't make restitution you are going to be arrested vs. I have this arrest warrant sitting on my desk. I'm still not sure how or why they would come to that conclusion if you had a written contract stating it was nonrefundable but whatever.

If there was a warrant already signed by a judge it would now have to be served. You don't get to pick and choose.

The DC can't just decide on his own that he is going to vacate a warrant from NCIC..... that is laughable! It doesn't work like that anywhere.

Charges like that would be felonious in nature and would have to be served by state statute. State statute mandates that you SHALL arrest for felony charges. He never had chit on his desk. He had a note from ur buddy the prosecutor advising the DC to put some pressure on you. That's what he had on his desk probably....

I would seek out a good civil rights attorney immediately and seek your own restitution and much more. That case is a home run for any decent civil rights attorney.

The Police imo have stepped over their authority and intimidated you into paying up or getten arrested. When the police function outside the color of law they are now stepping on ones civil rights and subject to arrest themselves.

That's just my $.02 Adam. I would not be satisfied with how that ended. You were forced to pay for something that you did not have to pay for or face jail. FBI drools over cases like this where they can show a history between a prosecutor and a target like you. Very unethical.

Prosecutors think they are impervious to punishment because they are at the top of the food chain. Lol... They are human just like you.

Don't think because they are the Police that they know better either. Trust me, they need to be questioned more often then you think due to their incompetence. Especially down there I hate to say.

Bret, I agree with almost everything you said. It is obviously bs brought about by the prosecutor either being grossly incompetent or malicious. Either way he will answer to a body of his peers about his decision to allow this into the criminial docket.

You are exactly right about the overzealousness of some in power, give em rope next thing you know they want to be a cowboy.

The only thing I would disagree with is the DC, he showed me the complaint and the warrant signed by the prosecutor and the judge, evidently neither bothered to get any input from the DC before going forward. Which of course begs the question how? The DC has had this on his desk for a while, and let me know in no uncertain terms he disagreed with the whole thing. I have the upmost repsect and gratitude for the way he handled this, they could have come to my door and let my children see them put me in cuffs. He took the time to think and make a decision to help me avoid as much unpleasentry as possible, and for that I thank him. It was obvious he did not like the way this went down, and had his hands tied and had to do something. I am just glad he recognized this was being mishandled. When I spoke with the mayor today I was very complimentary of how he approached this mess. I always get respect from the local LEs I think because I always give it to them first. Not that they are always in the right, but it's a tough job and sometimes all it takes is a little understanding of that to deal with them.

The other part I see you recognized, which is the first thing my sister in law said, was the fact that according to these proceedings my side was never heard. Violation of due process is a very serious matter, and is taken very seriously by the state bar. This is not over by a long shot, I plan to have my side heard by a few people and not allow this to happen again.

Thanks for the input!

 

[Team Banana]

Did you ever get to do the prosecutors girlfriend after the fight?

 

[SGRIM]

Did you ever get to do the prosecutors girlfriend after the fight?

LOL!

Good for you Adam, glad to see you aren't taking it! About time good people quit getting the short end of the stick!

 

[TR Custom Parts]

What a nightmare! Too bad you don't live in CT. Our state Attorney General would love a case like that. He is on the news every night.

 

[V8Assassin]

Did you ever get to do the prosecutors girlfriend after the fight?

That's the worst part, never got by first base with her!

LOL!

Good for you Adam, glad to see you aren't taking it! About time good people quit getting the short end of the stick!

Yeah, this is just the beginning of this fiasco, like I told someone last night, never fight from a postition of weakness. I had to do what I had to do yesterday, but we are restructuring the battle ground to make it more adventatious.

What a nightmare! Too bad you don't live in CT. Our state Attorney General would love a case like that. He is on the news every night.

I am hoping ours will feel the same, I will be talking to him and my fed reps, and my state reps. All of which I helped get elected, and have their personal cell numbers stored.

 

[Black Power]

Find the prosecutor's house and stuff a flaming rag in his gas tank!

 

[Rivical]

I'm happy to see you're taking a well structured approach to the matter! Even happier to see so many offer up such good advice quickly for your immediate consideration of action! Strange how a/this guy's issues are going to cost his career when you, the wronged are obviously far beyond his maliciousness. From your story, the guy sounds like the sort who'll blame you for countering his actions at the end of your righteous self-defense too. Well, at least he'll be outa yer hair and you'll have done a community service in the process...

All the Best in pursuing this!

 

[Black Power]

find the prosecutor's house and stuff a flaming rag in his gas tank!

even happier to see so many offer up such good advice quickly for your immediate consideration of action!

:d:d:d:d:d:d:d:d:d:d